Former MP calls for ‘malicious’ blackmail case against her and husband to be thrown out

A lawyer for former South Australian state Labor MP Annabel Digance says the case against her is “malicious” and should be thrown out.

Police have alleged Ms Digance and her husband Greg sought to gain personally by threatening to make allegations of misconduct by Opposition Leader Peter Malinauskas in February and March last year.

The Digances were today expected to enter a plea, but Ms Digance’s lawyer, Robert Cameron, told the Adelaide Magistrates Court his client had “no case to answer”, before attempting to give an explanation as to why it should be thrown out.

“This prosecution instigated by Mr Malinauskas is malicious,” Mr Cameron said.

“It’s a collateral abuse of process in that it seeks to shut down a select committee hearing of this Parliament that was voted on, on March 31 this year.

Mr Digance’s lawyer, Jon Lister, asked for more time to consider the case, as he had only recently been appointed.

“We’ve only been in discussions with this matter since the middle of last month and there are some complexities to it,” Mr Lister said.

“I would like the opportunity to consider the matters arising.”

Prosecution surprised by move

Prosecutor Sophie Taylor said she was unaware an application to have the matter dismissed was going to be made.

“Our position is that the matter is ready to be committed to the District Court,” Ms Taylor said.

“I wasn’t on notice of any ‘no case to answer’ application in relation to Ms Digance.”

In response to Mr Lister’s request for an adjournment, Ms Taylor raised no objection.

“The Director [of Public Prosecutions] doesn’t have any opposition to the adjournment on the answer charge hearing,” she said.

When Mr Cameron attempted to elaborate further on his reasoning for seeking the case to be thrown out, Magistrate Michelle Sutcliffe asked him to wait until the next appearance.

“The process would be for you to file your application and there would then be a discussion between the parties in this room,” Ms Sutcliffe said.

“The adjournment will provide that opportunity.

“You can make those arguments on the next occasion.”

Mr Malinauskas declined to comment.

“Annabel and Greg Digance are currently before courts facing serious charges and therefore I cannot comment,” he said in a statement.

The matter will return to court next month.